7 Small Changes That Will Make An Enormous Difference To Your Veterans Disability Attorney

Veterans disability lawsuit Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits

Veterans with disabilities are often taken advantage of by lawyers who use their benefits as a source of cash. This is the reason you need a attorney who is accredited to manage VA claims.

A Connecticut veteran who was suffering from schizophrenia as well as post-traumatic disorder and other mental disorders related to a crash of an aircraft carrier which killed dozens has won a major victory. But it comes at cost.

Class Action Settlement

According to a lawsuit filed on Monday, the Department of Veterans Affairs discriminates against Black veterans when it denies their disability claims in a manner that is much higher than white veterans. Conley Monk, a 74-year-old Marine Corps veteran who served in the Vietnam War, is the plaintiff in the lawsuit. According to the documents obtained by Monk as well as the Yale Law School Veterans Legal Services Clinic and Monk, he claims that the VA denied his disability claim at a higher rate than white veterans in the past three decades.

Monk who is an ex-psychiatric nurse and retired, claims that the discrimination of the VA has caused him and veterans Disability Lawsuit other black veterans to be affected in ways that have affected their health, homes as well as their education, employment and home. He wants the VA to pay him back the benefits they have denied him and to amend their policies on race and discharge status as well as denial rates.

Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data via Freedom of Information Act requests that they made on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. These figures showed that Black Veterans were statistically less likely to be granted a claim for disability than white veterans from 2001 until 2020. The average denial rate for veterans of color was 6.3% higher than for white veterans.

Discrimination basing it on PTSD

The Veterans Affairs Department systematically denies disability benefits to Black veterans, as per a lawsuit filed Monday. The suit was filed by a former Marine Corps vet who was denied housing or education, as well as other benefits despite having a diagnosis of PTSD. The suit cites evidence that suggests that VA officials have rejected claims submitted by Black Veterans disproportionately.

Conley Monk volunteered to serve in the Marines during the Vietnam War, driving a shot-scarred transport vehicle as well as helping to move troops and equipment to combat zones. Monk was eventually involved in two fights with fellow Marines who he blamed for his PTSD, and received a less-than-honorable military discharge in 1971. This "bad paper" kept him from obtaining aid for tuition, home loans and other benefits.

He sued the military to rescind his discharge and was awarded full benefits in 2015 and 2020. However, he asserts that the VA still is owed money for his previous denials of disability compensation. The suit claims that he also suffered emotional harm by reliving his most traumatizing experiences with each and every application for benefits.

The lawsuit seeks financial compensation and seeks the court to direct the VA to review its systemic PTSD discrimination. It is the latest effort by groups like the ACLU and Service Women's Action Network to get the VA to address the long-running discrimination against victims of sexual assault.

Alimony Discrimination

Those who served in uniform or accompanied them, deserve to know the truth about the benefits for veterans with disabilities and their influence on divorce money issues. One of the most popular myths is that veterans may have their VA compensation seized to pay alimony or child support orders in state courts. It's not true. Congress has carefully crafted the law in Title 38, U.S. Code to shield veterans' payments from the claims of creditors and family members with the exception of alimony and child support.

Conley Monk was a volunteer to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops from combat zones. He was awarded several medals for his work, but he was later acquitted of a less honorable discharge after he got involved in two fights caused by undiagnosed PTSD. The battle to get the VA to approve his claim for disability compensation was a long and arduous journey.

He was denied services at the rate of significantly more than white people. According to the lawsuit filed in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this racial discrimination was systemic and widespread. It claims that the VA was aware of and did not deal with decades-long discrimination against Black Veterans. It seeks to redress Monk and other veterans who are like Monk.

Appeals

The VA Board of Veterans Appeals examines claims for benefits in the event that a claimant disagrees to a decision of the agency. It is crucial to appeal a decision as fast as you are able. A veteran disability lawyer can ensure that your appeal fulfills all requirements and is granted a fair hearing.

A lawyer with experience can look over the evidence used to support your claim, and if necessary, submit additional and more convincing evidence. A lawyer will also know the difficulties involved in dealing with the VA and this could result in a greater degree of empathy for the situation. This could be a valuable asset in your appeals process.

A veteran's claim for disability is usually denied due to the agency did not accurately describe their condition. A lawyer who is experienced can ensure that your condition is properly classified and rated correctly, allowing you the benefits you deserve. A reputable lawyer will also be able to collaborate with medical professionals to provide additional evidence of your medical condition. A medical professional for instance, might be able show that your pain is a result of your service-related injury, and is disabling. They may be able to assist you in getting the medical records required to prove your claim.